566.100. Sexual abuse in the first degree, penalties. — 1. A person commits the offense of sexual abuse in the first degree if he or she subjects another person to sexual contact when that person is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion.
2. The offense of sexual abuse in the first degree is a class C felony unless the victim is less than fourteen years of age, or it is an aggravated sexual offense, in which case it is a class B felony.
Notes of Decisions
Cited in
168
cases (
5 in the last 5 years), 1981–2026 · leading case:
State v. Gibson, 623 S.W.2d 93 (Mo. Ct. App. 1981).
State v. Gibson, 623 S.W.2d 93 (Mo. Ct. App. 1981).
· cites it 12× “The defendant asserts that § 566.100, § 566.110, and § 566.120 defining and proscribing sexual abuse in the first, second, and third degree, are lesser-included offenses of sodomy under § 566.”
State v. Larson, 79 S.W.3d 891 (Mo. 2002).
· cites it 4× “Section 566.100. 2 The state alleged that Larson committed the acts sometime during January 1989 and December 1990, when he was fourteen to sixteen years old.”
J.D.W. v. Mississippi Cnty. Juv. Off., 534 S.W.3d 887 (Mo. Ct. App. 2017).
· cites it 7× “447,5(4), 10 in that Father “was found guilty of the C Felony of Sexual Abuse in the First Degree in violation of Section 566.100 RSMo. where the victim was a child and a member of the family who resided with [Father] and was related to him[ ]”; (2) section 211.”
State v. Davis, 348 S.W.3d 768 (Mo. 2011).
· cites it 3× “Davis pleaded guilty to one count of sexual abuse, pursuant to section 566.100, RSMo 1978. Due to this conviction, the Sexual Offender Registration and Notification Act (SORNA), 42 U.”
State v. Bernard, 849 S.W.2d 10 (Mo. 1993).
· cites it 2× “The trial court sentenced appellant to two years on the first degree sexual abuse conviction and five years for the attempted forcible sodomy conviction, the sentences to be served consecutively.”
State v. Hendrix, 883 S.W.2d 935 (Mo. Ct. App. 1994).
· cites it 5× “1993, and two counts of sexual abuse in the first degree, in violation of section 566.100, RSMo Supp.1993. 1 The record reflects that Lila Willit babysat A.”
State v. Roggenbuck, 387 S.W.3d 376 (Mo. 2012).
· cites it 3× “” The clear implication of these allegations is that Roggenbuck violated section 311.”
State v. Hyman, 37 S.W.3d 384 (Mo. Ct. App. 2001).
· cites it 3× “Section 566.100, RSMo Supp.1993 (now repealed), for one count of first degree sexual abuse, a class D felony, against HJ.”
State v. Urban, 798 S.W.2d 507 (Mo. Ct. App. 1990).
· cites it 6× “Appeal from a conviction of sexual abuse in the first degree, section 566.100, RSMo 1986, and of promoting child pornography in the first degree, section 573.”
State v. Allen, 622 S.W.2d 275 (Mo. Ct. App. 1981).
· cites it 5× “Louis aforesaid, in violation of Section 566.100, RSMo, committed the class D felony of sexual abuse in the first degree, punishable upon conviction under Sections 558.”
State v. Patton, 229 S.W.3d 631 (Mo. Ct. App. 2007).
· cites it 6× “Section 566.100, RSMo 1986 stated, in relevant part: "1.”
State v. Bradford, 627 S.W.2d 281 (Mo. 1982).
· cites it 6× “Appellant was found guilty by a jury of sexual abuse in the first degree, a Class D felony, in violation of Section 566.100, RSMo 1978. The jury assessed punishment at three years imprisonment and the trial court imposed a sentence of three years in the division of corrections.”
— Mo. Rev. Stat. § 566.100(2) — 2 cases
State v. Allen, 622 S.W.2d 275 (Mo. Ct. App. 1981).
“Louis aforesaid, in violation of Section 566.100, RSMo, committed the class D felony of sexual abuse in the first degree, punishable upon conviction under Sections 558.”
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